Dismissed

Gulchhanda Ramrao Bhosle Alias Chandrakala Balaji Patil v. the State of Maharashtra and Ors.

Bombay HC3 Aug 2011WP/1927/2011

Case brief

AI extract

What is this about?

Writ petition challenging a proclamation inviting applications for appointment of Anganwadi Karyakarti. Court held petitioner, whose Balwadi appointment terminated in 2002, cannot claim benefits under a Govt. Resolution requiring active Balwadi to form the basis of direct appointment. Petition dismissed.

What did the court decide?

No relief; writ petition dismissed.

Gulchhanda Ramrao Bhosle Alias Chandrakala Balaji… — Education and Admissions | Bombay HC (2011)

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FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1927 OF 2011 "Gulchhanda Ramrao Bhosle Vs. The State of Maharashtra and others."

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Office Notes, Office Court's or Judge's orders Memoranda of Coram or directions and Registrar's orders. appearances, Court's Orders

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Mr. P.G. Rodge, Advocate for petitioner. Mrs. V.A. Shinde,Assistant Govt. Pleader for respondent No.1. Mr. S.S. Manale, Advocate for respondent Nos. 2 and 3.

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CORAM :- D.B. BHOSALE & S.B. DESHMUKH, JJ.

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DATE :- 3rd AUGUST, 2011.

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PER COURT :-

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1] Heard learned counsel for the parties. In this writ petition, the petitioner is challenging the proclamation dated 15/11/2010, by which applications were invited for appointment of `Anganwadi Karyakarti' for Mini Anganwadi center, Talghal, Taluka Chakur, District latur. The petitioner has further prayed for direction to the respondents to appoint her directly on the post of Anganwadi Karyakarti of Mini Anganwadi Centre, relying upon the first part of the Govt. Resolution dated 5^th August, 2010. In our opinion, petitioner's case is not covered by the first part of the Govt. Resolution dated 5^th August, 2010. The 1^st part of the said resolution reads thus :-

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“ “1] Direct Appointment :-A) Wherever in the States

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new Aanganwadis will be opened under the Central Government sponsored scheme namely Integrated Child Development Service Scheme, at such places, if Balwadis of

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FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1927 OF 2011 "Gulchhanda Ramrao Bhosle Vs. The State of Maharashtra and others."

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Office Notes, Office Court's or Judge's orders Memoranda of Coram or directions and Registrar's orders. appearances, Court's Orders

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Grampanchayat, Panchayat committee, Zilla Parishad, Municipal Corporation, Municipality and Cantonment Board, Social Welfare Department, Education Department, Central and State Social Welfare Advisory Board are functioning then such Balwadis should be closed and if Balwadi Teacher is 10^th Standard passed then she should be given appointment directly to the honorarium – post namely 'Aanganwadi Sevika' in new Aanganwadi Centre. If she is not 10^th Standard passed then such Balwadi Teacher should be given direct appointment as 'Aanganwadi Helper'. Under the said provision the Teachers of Balwadi Centre, being run by private and voluntary organisation (though it gets grant from any department), can not be considered for direct appointment as Aanganwadi Sevika/ Helper.

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B) If mini Aanganwadi Centre is converted into Aanganwadi Centre then Mini Aanganwadi Sevika, if she has passed minimum 10^th Standard then she should be given direct appointment as 'Aanganwadi Sevika' and if she has not passed 10^th Standard then she should be given direct appointment as a 'Helper'.

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C] If the post of Aanganwadi Sevika has fallen vacant and if the Helper working in the said Aanganwadi Centre is complying with the conditions of qualification, local residence and two

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FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1927 OF 2011 "Gulchhanda Ramrao Bhosle Vs. The State of Maharashtra and others."

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Office Notes, Office Court's or Judge's orders Memoranda of Coram or directions and Registrar's orders. appearances, Court's Orders

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years service/ experience as a Helper then she should be given appointment directly as 'Aanganwadi Sevika'.”

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2] The Deputy Chief Executive Officer (wcd), Zilla Parishad, Latur has filed reply affidavit and in para. 3 thereof, has stated that the Balwadi in which the petitioner was appointed as Balwadi Tai ( Balwadi Teacher) was closed down in 2002 and, therefore, her appointment was not continued thereafter. The last order of appointment of the petitioner as Balwadi Teacher was issued on 17.8.2001 and by that order, her appointment stood terminated on 31/3/2002.

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3] In view thereof, in our opinion, the petitioner cannot claim any benefit of the first part of the Government Resolution dated 5^th August, 2010, which deals with direct appointments of Balwadi Teacher as Anganwadi Sevikas. In the circumstances, writ petition is dismissed.

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[S.B. DESHMUKH,J.] [D.B. BHOSALE, J.]

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grt/-

Gulchhanda Ramrao Bhosle Alias Chandrakala Balaji Patil v. the State of Maharashtra and Ors.

Case brief

What is this about?

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Gulchhanda Ramrao Bhosle Alias Chandrakala Balaji Patil v. the State of Maharashtra and Ors.

Case brief

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